ᐅ Install a fence along the property boundary

Created on: 13 Mar 2019 21:03
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Faleha82
Hello,

My husband and I have lived in our prefabricated house in a small village in Hessen since 2016. We now have a son who is almost two years old and wants to play in the garden. For this reason, we hired a company to install a welded mesh fence. The company started the installation yesterday and has already put up the fence along two neighboring properties.

Today, the fence on the side of the third neighbor was supposed to be installed. However, this neighbor stopped everything and said that we are not allowed to build the fence that way. We did not place any curbstones along this neighbor’s property line. The fence posts were supposed to be set in concrete on our property next to the boundary.

The neighbor wants a say in the decision and insists that we must put curbstones directly on the property line and then install the fence on top. He also wants to have a say in which fence is installed. Additionally, the property boundary was measured three years ago, but no boundary markers were set. He claims that these markers must be installed before we build a fence.

If we build the fence on our own property, not on the boundary, isn’t it solely our decision which fence to put there? Is the neighbor allowed to interfere and make demands?

He already wanted to address this two years ago, but nothing happened. This neighbor is also quick to complain and insists he knows everything better.

I am looking forward to your answers.

Best regards,
Faleha
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Steven
17 Mar 2019 09:46
Hello

I forgot to mention (although it doesn't really help here, I'm just happy to share) that he has not had a driving license since mid-2017. Following a tip from a neighbor, I recorded 15 of his regular drives without a valid license. The police were happy to take the report, as this individual is well known to them. This court case is still pending. By the way, he has been on probation since mid-2017.

Steven
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Faleha82
17 Mar 2019 15:05
Steven schrieb:
Hello Faleha82

Oh no, I’m experiencing déjà vu.
My neighbor on the left, whom I affectionately call the Flodders, was also an opportunist from the start. Not very intelligent but very determined to the point of aggression. At my wife’s request, we tried to talk to them. We were shouted down. They canceled a scheduled appointment without notice. Although they were at home, they didn’t open the door. It escalated to property damage, threats, and physical attacks. There were often late-night pizza deliveries. During the worst times, the police showed up at the door three times a week at night. Each time it ended without any serious outcome. To cut a long story short: the neighbor is now peaceful. I owe that to his probation officer. He’s got at least three criminal records because of me. There is still a court case pending, where he drove at me in a fully intoxicated state, and twice (those two records stem from the same offense), he drove an unregistered vehicle without a valid inspection for almost six months.
What I want to say is: be cautious with attempts to make peace. Every concession is seen as weakness and the attacks increase. Let him wear himself out. But don’t put up with anything.
And definitely do not offer him to be on a first-name basis ("Du"). “You idiot” is said faster than “Sir idiot.” I had to take legal action to stop being addressed informally.
Keep your spirits up.

Steven

Our neighbor isn’t quite that extreme. I’ve known him from before, same age group. That’s why we are on a first-name basis.

However, he really gets insulting when things don’t go his way. And we won’t tolerate that!

He’s right in his demand that the fence should be built on the boundary line. We just hadn’t thought about it beforehand. I didn’t want any trouble with the neighbor. Now we do. Unfortunate, but it can’t be changed.

Let’s see what comes out of our appointment.
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Snowy36
17 Mar 2019 22:40
ypg schrieb:
Legal protection insurance is not meant to cover dispute resolution between neighbors when there is no financial stake involved.

And verbal attacks from terrible neighbors aren’t really helped by legal protection insurance.

1. Legal protection insurance doesn’t protect you; it covers court and lawyer fees if the insurer recognizes a claim and the chance of winning the case is considered high. So please think about your words carefully.
2. If you expect that a neighbor (or anyone else) might cause problems, the only effective approach is to be informed about the issue, use diplomacy in communication, and apply reason and common sense.

Being right doesn’t mean you’ll get justice.

But someone telling me, “Come at me, that’s what my legal protection insurance is for,” would seem suspicious as a person. I wouldn’t want to live next to people like that. If my neighbor has a problem, I expect communication about the issue itself—not a letter from some lawyer. That’s just ridiculous.

That doesn’t mean I’m against legal protection insurance—I have one myself for cases involving significant financial stakes where I personally have no influence, like car-related matters.

Still, I’m wishing you the best that you’ll reach an agreement. The best approach is simply to invite them officially for a beer/coffee/wine and discuss the fence or the problem together. It seems like you missed that chance after moving in?! Anyway, it’s never too late.

There are also really nasty neighbors out there; what good is coffee then? The original poster said he is being insulted... and yes, I would get legal protection insurance immediately if I’m not mistaken, even the Homeowners Association covers that for 30 euros per year.

It can also happen that the neighbor sues YOU, and it’s a great comfort to know that your legal protection insurance would cover it, even if you potentially lose... that helps a lot.

Why should people who have legal protection insurance and don’t put up with everything be considered bad neighbors?